Isabella Carter
The Roman Constitution was a set of unwritten guidelines and principles passed down through precedent, evolving over time. It emerged from the Roman Kingdom, evolving significantly over the almost five hundred years of the republic. The constitution was divided into three main branches: the Assemblies, the Senate, and the People. The Assemblies were a sovereign authority, with the power to enact or reject any law, confer any magistracy, and make any decision. However, only adult male citizens were permitted to participate, and voting power was disproportionately granted to the richest in society. The Senate was composed of patricians who elected the consuls, and the People included all citizens, who elected their own representatives called tribunes. The tribunes had the power to veto measures passed by the Senate, safeguarding the civil liberties of all Roman citizens.
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What You'll Learn
Voting power and military service
Over time, the connection between voting power and military service weakened. By the middle republic, the voting system had shifted to disproportionately favour older and richer citizens. Voting was open to all male citizens over 15 who were descended from the original tribes of Rome, but in practice, the upper class dominated the political landscape. Rome had no middle class, only a massive underclass and a small group of extremely wealthy individuals. This meant that those who participated in the assemblies were mostly members of the upper class with the time and leisure to engage in politics.
To be elected to public office, candidates were required to have served ten years in the military. However, running for office was restricted by stringent property tests, which favoured the elite. While voting became more open over time, allowing for more equal representation in government decisions, the pool of candidates remained dominated by elite families. The plebeian group, consisting mostly of rural farmers, gained greater political representation only slowly over time.
The assemblies were a sovereign authority with the power to enact or reject laws, confer magistracies, and make decisions. However, they did not possess a right of legislative initiative and could only vote on matters put before them by a presiding magistrate. The magistrate could reject votes given by a voting block and request that it reconsider its choice.
The Roman Senate, which originally elected the king (rex) for a life term, evolved over time. Dictator Sulla challenged senatorial control and had hundreds of senators murdered, installing many non-patricians as senators. Julius Caesar later increased the number of senators to 900, but after his assassination, the number was reduced. With the creation of the Roman Empire, the Senate became weakened and was reduced to a ceremonial body with no ruling power.
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The role of the assemblies
The assemblies were a crucial component of the Roman Republic, serving as the supreme repository of political power. They were composed of adult male citizens, who were divided into voting blocs based on various criteria, such as tribe or class. The assemblies held the authority to enact or reject laws, elect magistrates, administer justice, and make decisions regarding war and peace.
There were several types of assemblies, including the comitia ("committees"), which were assemblies of all Roman citizens, and the concilia ("councils"), which were assemblies of specific groups of citizens. The comitia tributa, for example, was an assembly of the 35 tribes of Roman citizens, while the comitia centuriata was the assembly of the centuries (soldiers). The centuriate assembly, in particular, has been criticised for disproportionately granting voting power to the richest citizens, as the wealthiest were expected to contribute the most to the military at the time of its formation.
The assemblies were sovereign, with the power to override norms and precedents of the republic and ancient laws. They were required to ratify laws and elect officials, serving as a source of legitimacy. However, they did not participate in discussions or debates; instead, they heard speakers put forth by the presiding officer and then voted directly in their blocs. The presiding officer could call for an up-or-down vote after the speakers had presented their cases.
The role and influence of the assemblies evolved over time. Initially, they held significant legislative and electoral power, but with the rise of the emperor and the accumulation of direct legislative power by the senate, the assemblies' importance diminished. By the third century AD, the assemblies had become entirely obsolete. Nonetheless, their legacy lies in their contribution to the concept of popular sovereignty, where the people and the state were seen as one, and the belief in the legitimacy of the people's authority.
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The role of the Senate
The Roman Republic was governed by three main bodies: the magistrates, the Senate, and the people. The Senate was an aristocratic body, composed of patricians, that advised the magistrates and held influence over them. The Senate passed decrees called senatus consulta, which were "advice" to a magistrate. The focus of the Roman Senate was usually foreign policy.
The Senate was first created as a 100-member advisory group for the Roman kings. The king (rex) was elected by the senators for a life term, but after the overthrow of the monarchy, the senators elected two praetores ("leaders") annually. These magistrates were later called "consuls". Each consul could check his colleague, and their limited term in office opened them up to prosecution if they abused their powers.
The Senate was largely dominated by the wealthy patricians, who had an easier time accessing politics than the plebeians. The plebeians eventually elected their own representatives, called tribunes, who gained the power to veto measures passed by the Senate. Plebeian tribunes were considered representatives of the people and acted as a check on the Senate, thus safeguarding the civil liberties of all Roman citizens. Gradually, the plebeians obtained more power, and eventually, a plebeian could hold the position of consul.
In emergency situations, the Senate and the consuls could appoint a temporary dictator to rule until the crisis was resolved. The dictator held all the power and made decisions without any approval.
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The role of magistrates
Magistrates were the elected officials of the Roman Republic. Each magistrate was vested with a degree of power, and the dictator, when there was one, had the highest level of power. The most important magistrates were the consuls and the plebeian tribunes. Consuls were the highest-ranking ordinary magistrates, and their main role was to lead the republic's armies in war. They were endowed with the power to command (imperium) and consult the gods through auspices for this purpose with the more junior praetors. In times of emergency, a consul could appoint a dictator, who usually exercised absolute command over some duty before resigning on its completion or after six months. The early republic's dictators were mostly called to fight wars or conduct elections. The plebeian tribunes, on the other hand, were considered the embodiment of the plebeians, and they had the power to veto measures passed by the senate.
The constitution recognised two types of legislative assemblies: the comitia (“committees”), which were assemblies of all Roman citizens, and the concilia (“councils”), which were assemblies of specific groups of citizens. The comitia centuriata, or assembly of the centuries (soldiers), elected magistrates who had imperium powers (consuls and praetors). The comitia tributa, or assembly of the tribes (the citizens of Rome), was presided over by a consul and composed of 35 tribes. The tribal assembly elected junior magistrates like aediles and quaestors. The plebeian council, in which only plebeians could participate, elected the plebeian tribunes and aediles. All assemblies also had the power to make laws, though almost all laws were made in the plebeian council.
Before bringing legislation, magistrates would give speeches to an informal assembly called a contio, where they would try to convince and take feedback from the citizenry. Assemblies were composed of the people and served as the supreme repository of political power. They had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace. There were two necessary components to any assembly: the convening magistrate and the citizens in the assembly itself. Assemblies did not participate or discuss matters laid before them, but after hearing the speakers put forth by the presiding officer, the presiding officer could call for a direct up or down vote.
Other magistrates could also veto proceedings before the assemblies, though until the late republic, this was rare. Each magistrate could veto an action taken by an equal or lower-ranked magistrate. The plebeians elected tribunes who could intercede and veto the actions of a magistrate, thus safeguarding the civil liberties of all Roman citizens.
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The power of the tribunes
The tribunes, or tribunes of the plebs, were instituted in 494 BC to protect the interests of the plebeians against the actions of the senate and the annual magistrates, who were uniformly patrician. The tribunes were elected by the plebeian assembly alone and were sacrosanct, meaning that any assault on their person was punishable by death. This sacrosanctity also made the tribunes independent of all magistrates, and no magistrate could veto their actions.
The tribunes had the power to convene and preside over the Concilium Plebis (people's assembly), summon the senate, and propose legislation. They could also intervene on behalf of plebeians in legal matters, and their most significant power was to veto the actions of the consuls, senate, or other assemblies, thus protecting the interests of the plebeians as a class. This power was known as ius intercessionis, or intercessio. Citizens could appeal the decisions of the magistrates to the tribunes, who would then be obliged to determine the legality of the action before a magistrate could proceed.
The tribunes also possessed the authority to enforce the right of provocatio ad populum, a precursor of the modern right of habeas corpus. This entitled a citizen to appeal the actions of a magistrate by shouting "I call upon the tribunes" or "I appeal to the people". Once invoked, this right required one of the tribunes to assess the situation and determine the lawfulness of the magistrate's action.
While the tribunes had significant powers, there were also limitations. Their powers were derived from the people's oath to defend them, which restricted most of their actions to within the city of Rome and a one-mile radius around it. They had no power to affect the actions of provincial governors. Additionally, the tribunes' powers were severely curtailed during the constitutional reforms of the dictator Sulla in 81 BC.
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Frequently asked questions
The Roman aristocracy was composed of a class of citizens called Patricians, while all other citizens were called Plebeians. Both men and women were citizens in the Roman Republic, but only men could vote.
The Roman constitution was one of the general means by which the Roman people were governed. It had three main bodies: the magistrates, the senate, and the people. The constitution was largely unwritten and uncodified, and evolved over time. The democratic element took the form of legislative assemblies; the aristocratic element took the form of the Senate; and the monarchical element took the form of the many term-limited consuls.
The legislative assemblies were a sovereign authority, with the power to enact or reject any law, confer any magistracies, and make any decision. The two types of legislative assemblies were the comitia (“committees”), which were assemblies of all Roman citizens, and the concilia (“councils”), which were assemblies of specific groups of citizens.
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